Recently, our office has seen a troubling increase in Wills submitted for deceased loved ones that fail to meet the strict requirements set forth by Louisiana law. This trend underscores a critical issue: Wills prepared by attorneys unfamiliar with Louisiana succession law or by lay Notaries that often fail to comply with the legal formalities necessary to be valid.
In Louisiana, Wills are subject to highly specific rules. For instance, depending on the type of Will—whether it’s an olographic Will (entirely handwritten by the testator) or a notarial Will (typed and executed in the presence of a Notary and witnesses)—different formalities must be met. Failure to comply with these rules, even in seemingly minor ways, can render a Will invalid.
The consequences of an invalid Will can be devastating for the family left behind. Not only does it delay the succession process, but it can also lead to outcomes that are contrary to the decedent’s true intentions. In some cases, the estate may be distributed according to Louisiana’s intestacy laws, which may not align with the wishes of the deceased. This situation creates unnecessary stress for grieving families and does a disservice to the decedent, whose purpose in creating a Will was to ensure their affairs were handled properly.
To prevent these unfortunate outcomes, it is essential for those drafting Wills—whether attorneys who do not regularly handle estate planning or lay Notaries—to familiarize themselves with Louisiana’s unique legal requirements. Proper legal guidance can make all the difference in ensuring a Will is valid and enforceable.
If you are considering drafting a Will or reviewing an existing one, consulting an experienced estate planning attorney is the best way to ensure that your wishes will be honored and that your loved ones are protected. Don’t leave this critical matter to chance.
Chip LoCoco
A New Orleans Attorney